Abhishek Ajay Donge And Others vs State Of Maharashtra, Through ...
2021 Latest Caselaw 14627 Bom

                                                                                          1                                            W.P.No.3906.2021

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       NAGPUR BENCH : NAGPUR

                                               WRIT PETITION NO. 3906 OF 2021

                                Abhishek Ajay Donge and Ors.,
                                             ..VS..
         State of Maharashtra, through its Secretary, Tribal Development Department,
                                Mantralaya, Mumbai and Ors.,
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Office Notes, Office Memoranda of Coram,                                                                   Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                               Shri Gopal G. Mishra, Advocate for petitioners.
                                               Shri S. M. Ukey, Addl.G.P. for respondent Nos.1, 2, 4 & 5.


                                                            CORAM : SUNIL B. SHUKRE AND
                                                                    ANIL S. KILOR, JJ.

DATED : 06.10.2021

1. Heard.

2. The contention of learned counsel for the petitioners is that Subodh Digambar Donge, the first cousin of petitioner No.1, nephew of petitioner No.2 and son of petitioner No.3 was granted validity certificate as he belonging to "Thakur" Scheduled Tribe on the basis of the directions issued by the Division Bench of this Court at Principal Seat in Writ Petition No.9259 of 2019 but, his validity was rejected by the Scrutiny Committee stating erroneously that it was issued without considering the real nature of 1928 entry, which in the opinion of the Scrutiny Committee pertained to upper caste and not to any tribal community. He further submits that this finding recorded by the Scrutiny Committee is against the findings recorded by the High

Court in aforestated writ petition when in paragraph No.24 of the judgment it held that the petitioner i.e. Subodh Digambar Donge belonged to "Thakur" Scheduled Tribe.

3. Issue notice for final disposal at admission stage to the respondents, returnable after four weeks.

4. Shri S. M. Ukey, learned Addl.G.P. waives service of notice for respondent Nos.1, 2, 4 and 5.

5. Meanwhile, there shall be interim relief in terms of prayer clauses (d) and (e), until further orders.

                                        JUDGE                   JUDGE




Kirtak